Federal Court Tramples on State's Rights...Again

For many years, there has been this idea that the states have been bribed into giving away the rights that are naturally theirs. The powers not delineated in the Constitution explicitly belong to the states. Yet, the states have been handing these rights over to the Federal Government in order to continue the flow of Federal money. Road and education funding has been the hook the Feds have used to control the states. But that day is coming to an end. The powerful central government in Washington will soon need nothing more than a command to control the states.

This is not going to happen by legislation. The transfer of power is coming through our court system. Without a change in the Constitution and no vote of state legislators, the Courts are deciding what companies the states can or cannot use.

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A federal judge appointed by then-President Jimmy Carter has ruled that officials in Alabama must restore the state's contract with Planned Parenthood because canceling it denied women their choice in medical providers.

This is not the first of such rulings. As I reported, Louisiana recently lost its court battle with Planned Parenthood. While many states have sought to do what the federal legislators have failed to do, they are being told that they are not allowed to decide who is and who is not eligible to receive Medicaid reimbursement within their borders.

Christian News continued:

On Wednesday, Judge Myron Thompson agreed with the abortion giant, ruling that the contract must be restored because the absence Medicaid funding would interfere with women's choices in what organization they wished to use for reproductive services.

"To conclude otherwise would not only strip the Medicaid Act's free-choice-of-provider provision of all meaning but also would contravene clear congressional intent to give Medicaid beneficiaries the right to receive covered services from any qualified and willing provider," he wrote in his 66-page decision.

But anyone with half a brain will recognize that this is just excuse making on the part of the judge. If his logic were used, then any and all possible medical providers would have to be allowed. The Medicaid Act provision would safeguard not the patients, but the providers. To be in compliance, all states would have to provide every possible company that provides medical services. But this not what the provision means.

If Planned Parenthood lost its Medicaid eligibility in Alabama, then all people in Alabama would lose the ability to go to them for any services. This then would make the free-choice-provider provision complied with. The provision was enacted to ensure the people on Medicaid the opportunity to receive the same care as their neighbors. The defunding of Planned Parenthood does not prevent this, as they would be unable to keep their doors open without the Medicaid monies received from Alabama.

Christian News reports:

Gov. Bentley said that he is disappointed in the decision and will appeal.

"I am disappointed, and vehemently disagree with the court's ruling today. We are reviewing the opinion and will determine the next legal steps within the appeal period," he wrote in a statement.

"The good news is that as a result of the strong opposition by Alabama and a few other states to the practice of accepting reimbursement for harvesting fetal organs, the national Planned Parenthood organization has changed course and will no longer continue this deplorable practice," Bentley said.

We must recognize, as Alabama continues to fight this, that they are fighting evil. We must not think that just because Planned Parenthood has ceased the wicked practice of harvesting and profiting from baby parts, they are all of a sudden an honorable organization. They must be stopped!

About the AuthorMichael Ware

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